In a telephone call with the FDA, the NTEF was informed that the petition is actively being worked on by the FDA and currently in the hands of a second scientist for further review. “We are thrilled that the FDA is giving our petition the attention and scientific scrutiny that we did in complying the science behind it,” said Angel De Fazio, President of the NTEF.
“We are anticipating a determination by the end of the year predicated on the procedures that were delineated to us by the FDA. We, of course, would have liked a determination sooner, but, with the voluminous references to federal code violations and detrimental health effects, we appreciate the thoroughness that the FDA is giving to our petition. This first petition’s decision we are optimistic will expedite the second petition that was submitted in January 2008, citing many of the same code violations and detrimental health effects,” said De Fazio.
The FDA did confirm that they are actively looking into the marketing claims made by Clarins for their Expertise 3P effectiveness. As Clarins was taken to task in August of 2007, by the Advertising Standards Authority in the United Kingdom for the same issues that the NTEF addressed.
The current product being submitted for drug versus cosmetic claims is Clarins Double Serum Generation 6. In 1987, the FDA warned Clarins that Double Serum violated cosmetic claims as this product was in fact making drug claims. “FDA’
Now, years later, with four significant updates, Clarins is reintroducing this product into the retail stores worldwide. “From what we have seen and read, Clarins is still making drug versus cosmetic claims and our formal complaint will be referencing all of our findings,” said De Fazio.
[1] Serum shipped out for not shaping up. FDA Consumer, March 1990. Dixie Farley, Judy Folkenberg, Marian Segal.
